Media Abuse and the Wrongful Conviction of Nyki Kish

Crime myths are falsehoods that grow into public ‘truisms’, told and retold over time, or sensationalised to create “moral” mythologies surrounding a crime. This type of mythmaking is usually aimed at specific groups (i.e. femme fatale, black youth, the homeless, etc.) or behaviours (i.e. panhandling or fatal attractions) that are flagged as potential threats to the existing social order.

Such is the case of Nicole (Nyki) Kish who was wrongfully convicted in the the stabbing death of Ross Hammond in 2007. When the story hit the news, Kish was repeatedly called the “panhandler killer” in media reports and other articles on panhandling in Toronto.

Since her conviction in 2011, she has received little attention until the recent announcement of her case going to The Ontario Court of Appeal (October 29, 2014). Please tune into the blogtalkradio show (The Nyki Kish Case: An Appeal for Justice) by Injustice Anywherefor the update and discussion.

The media frequently reports on criminal events. However, as we can see from the above, these reports are often sensationalised to incite public uproar, increase profits or push a contentious issue into the spotlight. We can see this clearly if we contrast the sensationalist reporting with facts about Nyki’s life and the political issues surrounding her case. Please see my previous article for details on the erroneous evidence and judgment: Dear Jailer: Free Nyki Kish

Nicole Kish is a singer, artist and poet who was born and raised in Hamilton, Ontario. Attending public school, Nyki excelled in both her studies and the arts. Due to her artistic talent she received a three-week scholarship to Hamilton Art Gallery’s Film School. However, instead of continuing her formal education Nyki put it on hold and to appease her wanderlust, she chose to leave her hometown for British Columbia. She eventually went on to travel across Canada and the U.S. by hitchhiking and riding trains. Throughout her travels, Nyki sustained herself through working on orchards, at festivals and by busking with her guitar. Nyki also often volunteered her time for worthy causes including the post Katrina, New Orleans relief effort.

Nyki may have chosen a more unconventional path, but that in itself certainly doesn’t justify such an egregious misrepresentation. It does, however, accurately portray the public hype over panhandlers. The idea that Nyki was a panhandler on the Toronto streets (or anywhere else for that matter) is completely FALSE. It was widely under-reported that Nyki had just arrived back in Toronto two days earlier from her travels and was out celebrating her birthday with friends.

So, what gives?

The Canadian Resource Centre for Victims of Crime has an extensive media guideline for crime victims and survivors. It’s an excellent guide (and very much needed), but the irony should not be lost here. Some of their warnings:

The media are interested in emotional stories.

Speed of Reporting: Journalists want to file/broadcast their story as soon as possible and minimal care may be taken in fact-checking.

False-Information: In cases where little information is available, the media may print false-information or speculation to create a more interesting or newsworthy story.

It was more salacious to characterise Nyki as a rogue panhandler. And it fed into the hype surrounding the Safe Street Act, the public outcry against panhandlers and a major increase in their policing. But even more salient is how this portrayal of Nyki likely influenced the investigation, the trial and a guilty conviction. This is but a short snippet of the media timeline that followed the story:

Police in Toronto have laid more than 1,400 charges against aggressive panhandlers so far this year, which is already higher than the 1,257 laid in all of 2006.

The charges were laid under the province’s Safe Streets Act, which was tabled in 1999 amid an uproar over the tactics of “squeegee kids”— young men and women who sprinted into traffic in downtown Toronto to wash windshields for cash.

Then this:

The law prohibits soliciting people for money in an aggressive manner and allows police to issue $70 fines. It also forbids panhandling near ATMs, pay phones and public transit stops.

But some officers patrolling the streets say much of their time is occupied dealing with aggressive panhandlers.

And finally this:

Stabbing death sparked panhandling debate

Last week’s slaying of a St. Catharines man following a heated confrontation with four alleged panhandlers sparked fresh debate over whether the city should take a zero-tolerance approach to the practice.

Ross Hammond, 32, was stabbed multiple times early last Thursday on Queen Street near Niagara Street after being approached for money.

Are you seeing the pattern yet? Still not convinced?

In 2011, after Justice Ian Nordheimer gave his ruling on Nyki Kish as “guilty for second degree murder”, another onslaught of articles with “panhandler” in the headline hit the news stands. An article in The Toronto Star stated the following:

Tragically, panhandling can sometimes lead to deadly violence, said Burstein.

In April, killer panhandler Nicole Kish was sentenced to life in prison with no chance of parole for 12 years for killing a man on a Toronto street in August 2007.

Kish was convicted of second-degree murder in the Queen St. W. stabbing of Ross Hammond, 32.

“Panhandling shouldn’t result in violence and it shouldn’t be the catalyst for someone else’s death,” said Justice Ian Nordheimer after he passed sentence on Kish, 24.

She has been serving the automatic life sentence since March when Nordheimer found her guilty.

Kish had approached Hammond and his friend George Dranichak for cash on Queen St. W. but the men responded with profanities. [Witness testimony actually contradicts this spurious accusation].

“It is terrifying to be continually punished for a crime I did not commit,” Kish told the court. “This is the stuff true nightmares are made of.”

Why is this so damn disturbing?

Not only does it show a pattern of pandering to public fears (and mythologies) about pandhanders, but it has turned blatant falsehoods and highly conflicting witness testimony into a national mythology — of which, Christine Blatchford lobbed the gravest assault of any journalist. In her Globe and Mail article, Judge laudes eyewitnesses in finding panhandler guilty of murder, Blatchford goes on to cite the evidence that Nordheimer cherry-picked out the murkiest of waters to make his final decision — even after admitting herself that it was an “irritatingly complicated case – some missing evidence; almost 20 eyewitnesses to the clash.”

This beast of a myth surrounding Nyki Kish’s conviction is not only shameful, but will likely be perpetuated for many years to come. I pray that Nyki’s appeal is a success (and it certainly sounds hopeful) — and when that day does come, I will be calling people out for public apologies.

I would love to read your comments — so please, just hit the comment link and talk away. Thank you!

Great piece on the media representation of this case. I just read the outline of what actually happened on Injustice Anywhere, and it seems almost impossible to piece together any convincing sequence of events even with video and many eye-witnesses. If anything, all the various interpretations of what was seen, even on the filmed footage, make the narrative more confusing and debatable. The most stable and reliable evidence, it seems to me, is the pure forensic evidence with regard to negligible exchange of DNA having occurred between Kish and Hammond – something inconceivable given both their injuries.

Thanks Pitchforks. I will actually adding more to this piece over the next few days that build a stronger link between how the media can influence or negatively aid an investigation. And yes, it is practically impossible to piece together any convincing sequence of events — Nordheimer pieced his own narrative together which blatantly ignored other contradictory or missing information (i.e. lost tapes).

Hi there. I haven’t had time to read your post in detail but will do. I am not familiar with this case but have studied many cases of miscarriages of justice in the UK over the years, particularly the problems of the 1980’s. I would like to access the details of this case so if you can point me anywhere for info. I would be grateful. See you soon. James.

Hello Jamoroki! Thank you so much for your interest in the case. The most comprehensive site for information is at http://www.freenyki.org/. You can see the latest updates as well as look at the court documents and other summations of all of the evidence (much of it wasn’t included in Justice Nordheimer’s final judgement).

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